CLA-2-8:S:N:N1:228 850998

Mr. S.S. Brar
Valley Berries Inc.
34372 Industrial Way, RR #2
Abbotsford, B.C. V2S 4N2 Canada

RE: The tariff classification of crushed raspberries from Canada.

Dear Mr. Brar:

In your letter dated March 16, 1990, you requested a tariff classification ruling.

The merchandise, described as "raspberry puree," is made from fresh fruit that has been washed, crushed, and packed into 400 pound drums or 28 pound pails. The fruit has not been cooked in any manner and, based on your letter, contains no preservatives, flavorings, or other additives.

The applicable subheading for the crushed raspberries, if entered during the period from September 1, in any year, to June 30 of the following year, will be 0810.20.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for other fruit, fresh... raspberries, blackberries, mulberries and loganberries... raspberries. The rate of duty will be .7 cents per kilogram. When entered at any other time they will be classified in subheading 0810.20.9020, HTS, and free of duty.

Goods classifiable under subheading 0810.20.1020, HTS, which have originated in the territory of Canada, will be entitled to a .5 cents per kilogram rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport